Job Discussion Forums

[zartic]

called 'Eagle Language Center' from China.

The contract I got is pasted below. What are some things I should negotiate with them for instance that I should demand? Thanks for your help everyone.


Contract

甲方：聘方（中澳合作吉林伊格尔学院）
Party A: Employer： Sino-Australia Jilin Eagle College
乙方：受聘方
Party B: Employee:

一. 聘请 Inviting:
双方本着友好合作精神，自愿签订本合同并保证认真履行合同中约定的各项义务
The two Parties, in a spirit of friendly cooperation, agree to sign this contract and pledge to fulfill conscientiously all the obligations stipulated in it.

二.合同期自 年 月 日至 年 月 日止, 其中第一个月为试用期。
The period of service will be from the day of , 200 to the day of , 200 . With the first month set as probation period.

三.乙方的工作任务（另附页）
The duties of Party B (see attached pages)

四.乙方的月薪为每月人民币 元， 小时。住房补助 元。 每月发放工资日期为20日
Party B�s monthly salary will be RMB for hours. RMB for the apartment allowance. The payday is every month 20th.

五.甲方的义务 (Party A's Obligations)
1.向乙方介绍中国有关法律.法则和甲方有关工作制度以及有关外国专家的管理规定
Party A shall introduce to Party B the laws, decrees and relevant regulations enacted by the Chinese government, the Party A work system and regulations concerning administration of foreign teachers.

2.乙方的工作进行指导.检查和评估
Party A shall conduct direction, supervision and evaluation of Party B�s work.

3.向乙方提供必要的工作和生活条件
Party A shall provide Party B with necessary working and living conditions.

4.配备合作公事人员
Party A shall provide co-workers

5.按时支付乙方的报酬
Party A must pay the salary to Party B on time.

六.乙方的义务(Party B�s obligations)
1.遵守中国法律.法规.不干预中国的内部事务
Party B shall observe the laws, decrees and relevant regulations enacted by the Chinese government and shall not interfere in China�s internal political affairs.

2.遵守甲方的工作制度和有关国外专家的管理规定，接受甲方的工作安排.业务指导，检查和评估。未经甲方同意，不得兼任与甲方无关的其它工作。否则视为乙方违约。乙方要向甲方支付违约金10000元人民币。
Party B shall observe Party A�s work system and regulations, concerning administration of foreign teachers and shall accept Party A�s agreement, directions, supervision and evaluation in regard to his/her work. Without Party A�s consent, Party B shall not render service elsewhere or hold concurrently any post unrelated to the work agreed on with Party A. And Party B has to pay the breach penalty of 10000 RMB (or the equivalent in US dollars).

3.按时完成工作任务，保证工作质量。
Party B shall complete the tasks agreed on schedule and guarantee the quality of the work.

4.尊重中国的宗教政策。不从事外教身份不符的活动与事情。
Party B shall respect Chinese religious policy, and shall not conduct religious activities incompatible with the status of a teacher.

5.尊重中国人民的道德规范和风俗习惯。
Party B shall respect the Chinese people�s moral standards and customs.

6.Party B should accept all work assignments and have a positive attitude towards working and be prepared for class.

七.合同的变更.解除和终止：
Revisions, Cancellation and Termination of the Contract
1.双方应信守合同，未经双方一致同意.任何一方不得擅自更改.解除和终止合同
Both Parties should abide by the contract and should refrain from revising, canceling or terminating the contract without mutual consent.

2.经当事人双方协商同意后，可以更改.解除和终止合同。在未经达成一致意见前，仍应当严格履行合同。
The contract can be revised, cancelled, or terminated with mutual consent. Before both parties have reached an agreement, the contract should be strictly observed.

3.甲方在下述条件下，有权以书面形式通知乙方解除合同
Party A has the right to cancel the contract with written notice to Party B under the following conditions.

(1)乙方不履行合同或者履行合同义务不符合的约定条件，经甲方指出后，仍不改正的：
Party B does not fulfill the contract or does not fulfill the contract�s obligations according to the terms stipulated, and has failed to amend after Party A has pointed it out

(2)根据医生诊断，乙方在病假连续30天后不能恢复正常工作的。
According to a doctor�s diagnosis, Party B cannot resume normal work after 30 days sick leave.

(3)未经甲方同意，乙方私自在其它学校或公司从事教学或其它工作。
Party B shall not render service elsewhere or hold concurrently any posts unrelated to the work agreed upon with Party A.


4.乙方在下述情况下，有效以书面形式通知甲方解除合同
Party B has the right to cancel the contract with a written notice to Party A under the following conditions:
(1)甲方未按合同约定提供乙方必要的工作和生活条件：
Party A has not provided Party B with necessary working and living conditions as stipulated in the contract.

(2)甲方未支付乙方报酬
Party A has not paid Party B.

八.违约金(Breach Penalty)：
（1）当事人一方不履行合同或者履行合同义务不符合约定条件，即违反合同时，应当向另一方支付违约金10000元人民币。
When either of the two parties fails to fulfill the contract or fails to fulfill the contract�s obligations according to the terms stipulated, that breaks the contract:
It must pay a breach penalty of 10000 RMB (or the equivalent in US dollars).

（2）乙方因不可抗力事件要求解除合同，需出具有关机构证明，经甲方同意后，离华的费用自理，并赔偿甲方办理来华时的所有费用：乙方若无故解除合同，除离华自理外，还应当向甲方支付违约金10000元人民币，并赔偿甲方办理来华时的所有费用。
If Party B asks to cancel the contract due to events beyond control it should produce certification by the department concerned, obtain Party A�s consent, and pay its own return expenses and all expenses that have transacted in coming to China (such as visa, resident permission, rent, etc.) and relevant losses; If Party B cancels the contract without valid reason, it should pay its own return expenses and pay a breach penalty of 10000 RMB (or the equivalent in US dollars) to Party A. Party B must compensate all expenses that have transacted in coming to China (such as visa resident permission, rent, etc.) and relevant losses.

（3）甲方，因不可抗力事件要求解除合同，经乙方同意后 可以解除合同。甲方若无故解除合同，应当向乙方支付违约金10000元人民币。
If Party A asks to cancel the contract due to events beyond control, with the consent of Party B; if Party A cancels the contract without valid reason, it should pay 10000 RMB (or the equivalent in US dollars) breach penalty to Party B.

九.本合同与附件为不可分割一部分，与合同具有同等效力。
The appendix of this contract is an inseparable part of the contract and has equal effect.

十.合同有效期：本合同双方签定之日起生效，合同期满即自行失效。当事人一方要求签订新合同，必须在本合同期满30天前向另一方提出，经双方协商同意后签订新合同。乙方合同期满后，在华逗留期间的一切费用自理
This contract takes effect on the date signed by both parties and will automatically expire when the contract ends. If either of the two parties asks for a new contract, it should forward its request to another party 30 days prior to the expiration of the contract, and sign the new contract with mutual consent.

十一.仲裁(Arbitration)
当事人双方发生合同纠纷时，尽可能通过协商或者调解解决。若协商.调解无效，可向长春市外国专家局申请仲裁。
The two parties shall consult with each other and mediate any disputes, which may arise about the contract. If all attempts fail, the two parties can appeal to the organization of arbitration for foreign experts affairs in State Administration of Foreign experts Affairs of Changchun.

本合同于200 年 月 日在中国 长春 签订，一式两份，每份都有用中文和英文写成，两种文本同等作用。
This contract was signed at in duplicate, on of 200 , in the Chinese and English languages, both texts being equally authentic.

外教聘请附加合同
Attached Contract

受聘方姓名：
Name of the Employee: (Party B)

我再此自愿签定此附加合同条款职位：全职英语教师（以下称乙方）
I have accepted the Terms and conditions of the employment as set out hereunder.
Position: Full-time teacher of English (Party B)

聘请方姓名：中澳合作吉林伊格尔学院（以下称甲方）
Name of Employer: Sino-Australia Jilin Eagle College (Party A)

合同生效日期： 年 月 日
Commencement Date: (M, D, Y)
合同终止日期： 年 月 日
Termination Date: (M, D, Y)

职责(Duties):
1.在上课前做好备课工作
Prepare lessons well prior to teaching
2.讲授英语课
Conduct English Lessons
3.批改学生作业
Assess student�s work
4.参加学校的学生课外活动（英语角）
Take an active part in the student�s extra-curriculum activities of Party A (English corner)

工作时间 (Working Hours)：
根据甲方的作息时间表：每周从星期一到星期日为工作日（节假日除外），因课程安排需要，也有可能安排一周的任何一个日期代替星期日作为乙方的休假日。
Work according to the time-table of Party A from Monday to Sunday each week (except for holidays) For the needs of Party A, as the holidays of Party B, Party A will assign at least one day off each week, this day may not always be Sunday.

甲方有特殊活动时，乙方应该参加，如校庆日和一些重要的英语活动等。
Sometimes Party B will need to work on special occasions, say the anniversary of the founding of Party A or any special promotional work.

工作量 (Workload)：
一个月课时为每月工作 80-100 小时，另需参加每周最多不超过2节课时的英语角活动课或者家教（免费），甲方应提前通知乙方，并将英语角的具体时间.地点告知乙方。
Generally, 80-100 hours in a month. And usually there might be 2 periods of English corner activities outside the classroom to be delivered to the students or tutor. Party A should notify Party B before the activity, and notice the definite time, address and the subject to Party B.

工资(Salary):
基本每月工资已在合同内作出规定
The basic monthly salary is stipulated in the general contract

签证(Visa)：
甲方为乙方提供邀请函, 以便乙方持工作签证入境。乙方入境后由乙方支付居留许可的费用。
Party A will send an invitation letter and working permit to Party B. Then Party B can hold a working visa to come to Changchun China. When Party B arrive in Changchun, Party B has to pay his/her own resident permit.

假日(Holidays)：
五月份有3天连续假期, 十月份有7天连续假期, 新年有2天的连续假期, 中国春节有7天连续假期。所有假期将依照中国政府节假日安排。
There are3 continuous days in May, 7 continuous days in October, 2 days for New Year and 7 days for Spring Festival. These holidays are based on the Chinese government declaration of holidays.

请假(Sick leave and other leave):：

如果乙方因患病并经甲方或医院批准可以请病假，乙方在病假期间可以得到甲方发放的每天30元人民币的病假补贴，但无其它工资，如果乙方连续20天请病假，甲方可以按照国家外专局合同有关规定中止与乙方的合同。（乙方并赔偿违约金及相关损失）
If the employee has been sick and obtained permission from the school and hospital, he/she can ask for sick leave, the employee can get 30 RMB leave allowance each day and no other salary during the period of his/her sick leave. If the employee asks for sick leave for a continuous 20 days, Party A will terminate the contract according to the regulations of the contract issued by the China State Bureau of Foreign Experts. Party B must compensate with the breach fee and other relative losses.

如果乙方在工作时间内需请事假，须得到甲方的批准并且事假的天数不可超过3天，否则甲方有权中止与乙方之间的和约：如果乙方没有任何原因或向甲方提出请假，即旷工不上课，甲方有权在其旷工期间按双倍罚扣其工资：如果甲方旷工连续超过7天，甲方有权开除乙方。乙方向甲方支付违约金10000元人民币。
If the employee has to ask for personal leave during work time, he/she must obtain permission from the school, and the days of personal leave should not surpass 3 days, otherwise the school has the right to terminate the contract: If the employee neglects the work without any reason or asking leave from the school, Party A has the right to fine the employee double his/her salary during those neglected days: If the employee has been neglecting work for a continuous seven days, Party A has the right to dismiss the employee. Party B must pay a breach penalty of 10000 RMB (or the equivalent in US dollars).

健康与医疗(Health and Medical Care)：
在到达中国后，乙方必须自费体检以证明其无肝炎或其它传染性疾病。
Party B must conduct a medical examination at his/her own expense to certify that he/she does not suffer from hepatitis or any other infectious disease after he/she has arrived in China.

上网（internet）
甲方协助乙方安装宽带，但乙方必须自己支付上网费用和电话费。乙方自己承担买电脑的费用。
Party A will help Party B to set up a broadband internet connection, but Party B should pay for the Internet fee (if applicable) and he/ she will pay the telephone fee. Party B has to buy his/her own computer equipment/parts.

版权(Copyright)：
此合同一式两份，甲乙双方各持一份。每份都用中文和英文写成，两种文本同等作准。
Both the employee and the employer own one copy of the contract. Each copy is the Chinese and English languages, the two languages have an equal role.

机密(Confidentiality)：
未经甲方允许，乙方不可将本人工资数额及合同内容透露给第三者。否则学校处以罚金1000美元。
The employee shall not disclose his/her salary and the information of the contract to a third Party without the consent of the employer, or the employee will be fined $1000.

甲方签名(Employer)：__________________________________________

乙方签名(Employee)：__________________________________________

备注Appendix:
1.甲方向乙方提供寒暑假期间的免费两次省内旅游：
Party A (Employer) provide Party B (Employee) two times free traveling during the holidays with Jilin province.

2.如乙方希望在假期工作，则甲方向乙方支付每小时 60 元的工资，但是不另支付生活补助。
If Party B works during the holidays, Party B will get 60 RMB per hour。But There is no other salary.

3. 如果乙方在学校教学表现良好，没有投诉。甲方给予乙方100�500 /月 人民币作为奖金。
If Party B�s performance is exceptional in the school, and all the students and teachers are satisfied with Party B�s performance, Party B will get 100RMB--500RMB per month as a bonus.

4.甲方为乙方提供每周3小时的免费中文课
3 hours of free Chinese classes in a week are provided by Party A.

3.超时工作按每小时80元支付。
The extra working hours will be paid by Party A at 80 RMB per hour.

4.乙方自己支付水费、电费、煤气费以及上网、电话费。
Party B has to pay his/her own water, gas, phone，internet and electricity bills.

5.三个月之内乙方仍不能胜任教学工作（学校学生及教师不满意乙方的教学工作）， 甲方有权利终止合同。
If Party B can not do his/her teaching job properly in three months (all the students and teachers are not satisfied with Party B�s performance) , Party A has the right to cancel the contract with Party B.

6.如果乙方不能按合同完成制定的教师职责或教师守则，甲方有权利终止合同。乙方向甲方支付违约金10000元人民币。
If Party B can not finish the duties of the contract and The Rules of Foreign Teachers，Party A has the right to cancel the contract with Party B. And Party B has to pay the breach penalty of 10000 RMB (or the equivalent in US dollars).

7.乙方在华期间，除在学校上课时间外，其余时间发生的任何意外事件，甲方不予负责。
Party A has no responsibility for any accidents incurred by Party B which has happened beyond the teaching time.

8 Party A will pay the apartment allowance of 800 RMB on 20th every month.
甲方每个月20日付给乙方住房补助 800 元。

9.乙方因病、事假原因未能工作的，将按乙方薪金的标准即每小时 元人民币乘以乙方实际缺课小时予以赔偿甲方损失，并在当月工资中扣除。
In the case of sick and business leave, Party B should pay RMB per hour of the salary and multiplied by the actual time absent from school in order to compensate for Party A�s losses and deduct them from the salary.

10.乙方事前没有请假而无故不工作的，则视为旷课，将按乙方薪金的双倍即每小时 元人民币乘以乙方实际缺课小时予以赔偿甲方损失，并在当月工资中扣除。
If Party B does not work without informing Party A, which regards as absence, double of the salary is
RMB and multiplied by the real time absent from school in order to compensate for the Party A�s losses and deduct if from the salary.

11.如果乙方完成一年合同，甲方对其工作满意。 甲方将奖励乙方往返机票(3000--5000 元人民币）。
Upon completion of one year contract, Party B will get round flight allowance of 3000--5000 RMB.

12.甲方向乙方提供人身意外保险一份。
Party A will offer an accident insurance to Party B.

13.乙方不得私自与甲方的合作学校联系上课。 如发生， 甲方有权追究乙方责任， 并且有权要求己方赔偿违约金10000元人民币。
Party B can not be in-conflict of interest with Party A�s cooperate schools. If it happened, Party B has to pay the breach penalty of 10000 RMB (or the equivalent in US dollars).

[Hansen]

I see a lot of mean stuff in this contract. $1000 fine for divulging your salary, for instance. People here often discuss their salaries. I would not ageee to that.

Paying your own utilities is also a potential dark hole. Don't agree.

Too many working hours.

There are numerous impractical or rip off items in the contract. Keep looking.

Look for a contract which offers free housing and utilities and no more than 16 teaching periods per week. That includes exra activities. Once you get over 16, start getting paid.

Move on. The contract has many potential loopholes through which you can be burned.

[deputamadre]

Are free utilities that common?

[The Ever-changing Cleric]

That must be the longest post ever made on this forum.

[Jordean]

Paying utilities a dark hole? In BJ my monthly total is 150 RMB including internet. As long as you are paying them directly, and not reimbursing the school.

The breach penalty is mentioned at least six times.

The confidentiality clause is not standard in a SAFEA contract.

In the Appendix, the numbering starts again. Someone cut'n'pasted. Note that overtime during the term is 80 RMB, but during holidays work is 60 RMB. Are they going to ask you to work during the holidays? It would cost them 25% less. What if you don't work on a holiday after they request it, is that a breach?

Assuming "Party B" is fulfilling the terms of the K, I don't see how there could be a conflict of interest.

Seems larded up with lots of escape hatches for the employer and penalties for the teacher.

If you are really looking at this school, you need to go through the K and try to envision every potential breach/violation that could occur, and determine how many 10,000 RMB hits you can afford to take.

[Hansen]

Utilities can be a dark hole. I had a electric bill for a few thousand over a winter. Steam heat costs vary. Electric for air con in summer can also be surprisingly high.

Jordean, Are you saying that your average cost over the course of a year for electric, steam heat, and so forth, averages 150RMB/month in Beijing?

[Sonnibarger]

I would pass on this contract... way too many things that i would want changed... besides if you sign the contract you will have to pay a $1000 fine before u even start work...

[JGC458]